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Trash Be Gone 08-23-2017MIAMI BEACH OFFICE OF INTERNAL AUDIT Tel . 305-673-702 TO : FROM : DATE : AUDIT : PERIOD: Jimmy L . Morales, City Manager /J ~ James J. Sutter, Internal Audit ~ August 23, 2017 Trash Be Gone , Inc. October 2016 to May 2017 INTERNAL AUD IT REPORT This report is the result of a regular scheduled audit of the Roll-Off Fee Returns for Trash Be Gone, Inc. INTRODUCTION A roll-off is defined as a container with a minimum capacity of ten cubic yards designed to be transported by a motorized vehicle . They are typically used for the purpose of removing construction debris , which include rock , metal and other materials used in connection with a construction project or for the removal of large quantities of trash and bulky waste. Approximately thirty companies currently possess business tax rece ipt demonstrating that they operate roll-offs within the City's boundaries. They are required to abide by the terms outlined in the City Code . This includes the remittance of franchise fees calculated by using the applicable percentage of Miami Beach gross receipts. Reports are to be submitted to the City 's Finance Department by the end of the subsequent month. OVERALL OPINION This audit was schedule as a result of our department monitoring of monthly franchise fees filings according to Sec. 90-278. This account had not been recently filing returns . Historically the lack of non-filing of franchise returns has led to the discovery of not reporting revenues to the City. Therefore , we scheduled our audit to confirm whether this account is in compliance. Trash Be Gone has not complied with the provisions of the City Code's during the audit period . The following item were noted during our audit: • Gross receipts in the amount of $10,746.40 were not reported . Therefore , Trash be Gone owes the City $2 ,641.04 in roll-off franchise fees (including penalties & interest charges). PURPOSE The purpose of th is audit is to determine whether all roll-off waste contractor billings were correct, and whether all City revenues were correctly calculated, received timely and accurately recorded by the City, and the contractor was in compliance with designated sections of the City Code and related Ordinances. We o re committed to p ro vid ing excellent p ub li c service and sa fe ty to a ll w ho live , work, and p lo y in o ur vib rant, trop ical, his toric commun ity. Internal Audit Report Trash Be Gone, Inc. August 23, 2017 SCOPE 1. Review waste contractor's books and records to confirm that their billings were correct; their gross receipts were correctly calculated and support the monthly franchise fee submitted to the City. 2. Confirm that the private waste contractor timely sent the City the required reports in adherence with the terms listed in the City Code. 3. Confirm that the private waste contractor is timely sending the required Monthly Report of Gross Receipts along with their remittance to the City. 4. Confirm that the private waste contractor timely obtained their required annual business tax receipt. 5. Confirm that the private waste contractor timely submitted their annual Certified Public Accountant (CPA) Statements of Gross Receipts to the City (If applicable). 6. Confirm that the private waste contractor has obtained the required insurance in adherence with Section 90-196 of the City Code. 7. Confirm that all monthly Roll-off Fee Return were timely and correctly recorded in the City's Financial System. FINDINGS, RECOMMENDATIONS AND MANAGEMENT RESPONSE 1. Finding -Unreported Gross Receipts City Code Section 90 -221 defines gross receipts as "the entire amount of the fees collected by the licensee, exclusive of taxes as provided by Jaw, whether wholly or partially collected, within the city, for solid waste removal and disposal". Therefore, all monies collected by the roll-off waste contractor from Miami Beach service addresses, including fuel I environmental surcharge, overload, delivery, dry run, tire surcharge, disposal, and live load wait time, should be included in reported gross receipts. Out of 7 months audited gross receipts, Trash be Gone did not file returns to the City of Miami Beach resulting in $10,746.40 of unreported gross receipts. Therefore, the amount of $1,934.35 in franchise fees for roll-off waste removal services within the city limits was not reported. The owner of Trash Be Gone stated that the company was not aware that monthly gross receipts reports and franchise fees had to be remitted to the City. The following table summarizes audited gross receipts and the amount due from Trash Be Gone Roll-off for our audit period: Page 2 of 3 Internal Audit Report Trash Be Gone, Inc. August 23, 2017 Audited Gross Receipts Less Report Gross Receipt Roll-off Fees Due Interest Penalties Total Due Recommendation(s) 2016 Oct.-Dec. $3,842.00 3,842.00 691.56 50.03 345.78 $1,087.37 2017 Jan-Jun. TOTAL $6,904.40 $10,746.40 6,904.40 10,746.40 1,242.79 1,934.35 39.56 89.59 271.32 617.10 $1,553.67 $2,641.04 Going forward, Trash Be Gone must report all gross receipts and franchise fees on a monthly basis as per the City code. This includes but is not limited to dump fees, extra month fees, fuel surcharges, dry run, overload, relocation and waiting time charges. EXIT CONFERENCE Audit findings were e-mailed on July 19, 2017 to Trash Be Gone. We confirmed their agreement to our findings on July 25, 2017. JJS: CD Audit performed by Carmin Dufour F:\AUD\DOC016-17\FINAL REPORT FOR TRASH BE GONE .doc cc: Eric Carpenter, Director of Public Works Alberto Zamora, Sanitation Director John Woodruff, Chief Financial Officer Sergio Salazar, President for Trash Be Gone, Inc. Page 3 of 3